Tamil Nadu Government Withdraws General Consent to CBI

June 15, 2023

In a significant development, the Tamil Nadu government has decided to withdraw the general consent accorded to the Central Bureau of Investigation (CBI) to conduct probes in the state. This decision, made by the home department, has drawn attention to the functioning and jurisdiction of the CBI.

The Purpose of General Consent

The general consent accorded to the CBI allows the agency to seamlessly investigate corruption cases involving central government employees. It facilitates the agency’s access to conduct investigations without seeking specific permission for each case. The purpose of this consent is to expedite and ensure smooth proceedings in corruption-related investigations.

The Delhi Special Police Establishment Act

Under the provisions of the Delhi Special Police Establishment Act, 1946, the CBI is required to obtain prior permission from the concerned state government before initiating an investigation in a state. This provision ensures a cooperative framework between the CBI and state authorities, respecting the state’s autonomy in matters of investigation and law enforcement.

States that have Withdrawn General Consent

The Tamil Nadu government joins a growing list of states that have withdrawn the general consent accorded to the CBI. This list includes West Bengal, Rajasthan, Kerala, Mizoram, Punjab, Telangana, Jharkhand, Chhattisgarh, and Meghalaya. These decisions reflect the states’ desire to assert their authority and maintain control over investigations within their jurisdictions.

Withdrawal of General Consent in Tamil Nadu

The Tamil Nadu government’s decision to withdraw the general consent accorded to the CBI was issued by the home department. The consent, given in 1989 and 1992, has now been rescinded, requiring the CBI to seek permission from the state government for investigations conducted within Tamil Nadu.

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